Page 40 - Overton Funeral Home

Representative the process can take take a a a a a a a a long time Some matters have taken decades to resolve Question #4 What is the probate process of an uncontested Will?
Typically the the person named as as the the deceased’s Personal Representative (a more formal term is “Executor” or or or or or “Executrix”) goes to to to an attorney experienced in probate matters who then prepares a a a a a a a a “Petition” for the the the court and and takes it it it it it along with with the the the Will and and files it it it it it with with the the probate court The lawyer for the the person seeking to to have the the Will admitted to to probate typically must notify all all all those who would have legally been entitled to receive property if the the the deceased died without a a a a a a Will Will plus all those named in the the the Will Will and give them an an opportunity to to to file a a a a a a a a formal objection to to to admitting the Will to to to probate A hearing on on the probate petition is typically scheduled several weeks to months after the matter is filed Depending on on who the the the name beneficiaries are how long before the the the the the death the the the the the Will Will was was signed whether the the the the Will Will was was prepared by an an attorney who supervised the the the the “execution” of the the the the Will Will and/or whether the the the the Will Will was executed with certain affidavits it it it it may be necessary to bring in in in the the the persons who witnessed the the the deceased’s signature on on the the Will If no objections are received and everything seems in in in order the the the court approves the the the petition appoints the the the Personal Representative orders that taxes and and creditors be paid and and requires the the the Personal Representative to to to file reports with the the the court to to assure all the the the deceased’s property is is accounted for and distributed in accordance with the the terms and conditions of the Will Question #5 Who is responsible for handling probate?
In most circumstances the the the executor named in the the the the Will Will Will takes this job If there isn’t any Will Will Will or or the the the the Will Will Will fails to to name name name an an an executor the the probate court names someone (called an an an administrator) to to to handle the the the process - most often the the the closest capable relative or the the the the the person who inherits the the the bulk of the the the deceased person’s assets If no no formal probate proceeding is necessary the court does not appoint an an estate administrator Instead a a a a a a a a a a a a close relative or or or or friend serves as an an informal estate representative Normally families and and friends choose this person and and it is is not uncommon for several people to share the responsibilities of paying debts filing a a a a a a final income tax return and distributing property to to the people who are supposed to to get it Question #6 Should I plan to avoid probate?
Probate rarely benefits your beneficiaries and and it it always costs them money and and time Probate makes sense only if your estate will have complicated problems such as as many debts that can’t easily be paid from the property you leave Your property may even fall under probate exemption but if if you’re older (say over 50) in ill health or own a a a a a a a significant amount of property you’ll probably want to to do some planning to to avoid probate Page 40 - OvertOn Funeral HOme Inc OvertOn Funeral HOme Inc - Page